Can inherited land be taken in a divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can inherited land be taken in a divorce?
During our marriage, I inherited land from my
grandparents, can my spouse take it in a divorce?
Asked on November 21, 2016 under Family Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Virtually all jurisdictionss (community property and equitable distributions states) divide marital property differently but their rules are much the same regarding a spouse's separate property. As a general rule, in a divorce separate assets are not typically divided. Therefore, if for example, you bring an asset into the marriage it's yours as well as if someone leaves you property while you're married. That having been said, if the gift was made to both you and your spouse, the inherited property is marital property. Also, your inherited property is only safe from division with your spouse so long as you preserve its designation as separate property. If not, then "transmutation" can happen. What this means is that the separate staus of your property can change into marital or community property. For example, if you inherit property and put the deed in both yours and your spouse's names, use marital money to pay its taxes or maintenance or your spouse's labor is used to increase the value of the home (i.e. "sweat equity"). At this point, you should consult directly with a divorce attorney in your area for further advice.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.